18 AAC 90.700. Inspection

(a) A department employee or designated agent may enter upon a public or private premises at reasonable times and with the owner's or occupier's consent to

(1) inspect equipment used to store, mix, load, transport, or apply pesticides;

(2) inspect, investigate, or take samples in response to a complaint involving pesticides or their use;

(3) inspect storage, retail, distribution, or disposal areas;

(4) take samples of pesticides;

(5) observe the use of a pesticide;

(6) inspect records required by this chapter; or

(7) gather evidence, including the taking of sworn or unsworn statements, for use in evaluating or conducting proceedings to enforce this chapter.

(b) If access is denied to a department employee or agent attempting to conduct an inspection under (a) of this section, or if circumstances warrant access without prior notice, the department will, in its discretion, apply to a court for a search warrant under AS 46.03.860 or other law.

History: Eff. 2/15/98, Register 145; am 11/30/2003, Register 168

Authority: AS 46.03.010

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